H.R. 9567: Preserving Our Constitution Act of 2026

This bill would direct U.S. courts and other federal adjudicative bodies not to recognize or enforce any foreign law, religious law, custom, or practice if it conflicts with the U.S. Constitution or laws made under it.

What counts as covered laws or practices

The bill defines “foreign law” broadly to include laws, rules, or regulations from outside the United States and its territories, especially if they do not provide rights and liberties equivalent to those in the U.S. Constitution. It defines “religious law, custom, or practice” as any law or rule tied to a religious, ethnic, or tribal system or custom.

It also lists specific types of laws or practices that would be treated as incompatible, including those that:

• Discriminate against women or people based on race, religion, ethnicity, social class, or caste
• Prevent someone from leaving, changing, or renouncing a religion or belief
• Restrict protected speech or assembly
• Allow plural marriages
• Allow marriages of convenience or contracts for sexual services
• Allow forced or underage marriages
• Allow violence against women or children, except reasonable parental discipline
• Allow politically or religiously motivated violence or homicide
• Allow punishments the bill describes as cruel and unusual, such as amputation, flogging, stoning, branding, or piercing
• Allow female genital mutilation
• Allow human sacrifice

How it would affect courts and contracts

The bill would stop U.S. courts, judges, magistrates, administrative agencies, and other federal decision-makers from enforcing contract terms that choose one of these incompatible laws to govern a dispute or require a forum that would apply them.

It would also bar federal bodies from recognizing or enforcing foreign court or agency decisions if those decisions were based on such laws.

In addition, a U.S. court would not be allowed to dismiss a case on forum non conveniens grounds if the alternative forum would not provide procedures and substantive protections sufficient to protect constitutional rights, including due process and equal protection.

Other provisions

The bill says section 4 reflects the strong public policy of the United States. It also includes a severability clause, meaning that if one part is struck down as unconstitutional, the rest would remain in effect.

The bill says it does not change enforcement of arbitration agreements or awards under the Federal Arbitration Act, except where enforcement would violate constitutional rights.

Finally, the bill says that violating it would be reversible error on appeal, but it does not create a separate right to sue for injunctions or damages.

Relevant Companies

None found